RTTUZYUW RUEWMCS0000 2931445-UUUU--RUCRNAD
ZNR UUUUU
R 201445Z OCT 10
FM CNO WASHINGTON DC//
TO NAVADMIN
INFO CNO WASHINGTON DC//
BT 
UNCLAS//N05822//
NAVADMIN 346/10
MSGID/GENADMIN/CNO WASHINGTON DC/OCT//

SUBJ/GUIDANCE FOLLOWING COURT RULING ON DON'T ASK DON'T TELL//

REF/A/DOC/USDC CENTDIST OF CA/12OCT2010// 
REF/B/DOC/DOD/15OCT2010//
REF/C/DOC/SECNAV/18OCT2010//
NARR/REF A IS FEDERAL DISTRICT COURT JUDGMENT AND INJUNCTION IN THE CASE 
LOG CABIN REPUBLICANS V. US.  REF B IS UNDER SECRETARY OF DEFENSE 
MEMORANDUM FOR SECRETARIES OF THE MILITARY DEPARTMENTS.  
REF C FORWARDED REF B TO CNO FOR APPROPRIATE ACTION.//  

RMKS/1.  ON 12 OCTOBER 2010, A FEDERAL DISTRICT COURT JUDGE ISSUED A 
JUDGMENT AND INJUNCTION BARRING ENFORCEMENT OR APPLICATION OF SECTION 
654 OF TITLE 10, UNITED STATES CODE, COMMONLY KNOWN AS THE DON'T ASK 
DON'T TELL STATUTE.  THE DEPARTMENT OF JUSTICE IS SEEKING TO HAVE THE 
INJUNCTION LIFTED AND IS APPEALING THE CASE.  HOWEVER, AT THE PRESENT 
TIME, COMPLIANCE WITH THE INJUNCTION IS REQUIRED THROUGHOUT THE NAVY.  
TO ENSURE AWARENESS BY ALL COMMANDS, THIS MESSAGE PROVIDES, VERBATIM, 
THE KEY PROVISIONS OF THE INJUNCTION AND IMPLEMENTING DIRECTION FROM THE 
OFFICE OF THE SECRETARY OF DEFENSE.

2.  THE INJUNCTION STATES THAT THE COURT "PERMANENTLY ENJOINS 
DEFENDANTS UNITED STATES OF AMERICA AND THE SECRETARY OF DEFENSE, 
THEIR AGENTS, SERVANTS, OFFICERS, EMPLOYEES, AND ATTORNEYS, AND ALL 
PERSONS ACTING IN PARTICIPATION OR CONCERT WITH THEM OR UNDER THEIR 
DIRECTION OR COMMAND, FROM ENFORCING OR APPLYING THE DON'T ASK, 
DON'T TELL ACT AND IMPLEMENTING REGULATIONS, AGAINST ANY PERSON 
UNDER THEIR JURISDICTION OR COMMAND;" AND "ORDERS DEFENDANTS UNITED 
STATES OF AMERICA AND THE SECRETARY OF DEFENSE IMMEDIATELY TO 
SUSPEND AND DISCONTINUE ANY INVESTIGATION, OR DISCHARGE, SEPARATION, 
OR OTHER PROCEEDING, THAT MAY HAVE BEEN COMMENCED UNDER THE "DON'T 
ASK, DON'T TELL" ACT, OR PURSUANT TO 10 U.S.C. 654 OR IT’S IMPLEMENTING 
REGULATIONS, ON OR PRIOR TO THE DATE OF THIS JUDGMENT."

3.  ON 15 OCTOBER 2010, UNDER SECRETARY OF DEFENSE (PERSONNEL AND 
READINESS) ISSUED A MEMORANDUM FOR SECRETARIES OF THE MILITARY 
DEPARTMENTS WITH THE FOLLOWING DIRECTION:  "YESTERDAY, THE 
DEPARTMENT OF JUSTICE FILED AN APPEAL FROM THIS INJUNCTION AND THE 
COURT'S EARLIER DECISION THAT SUPPORTS IT, AND IS SEEKING A STAY OF 
THE INJUNCTION WHILE THE APPEAL IS PENDING.  IN THE INTERIM, THE 
DEPARTMENT OF DEFENSE WILL ABIDE BY THE TERMS OF THE INJUNCTION.  
IT IS POSSIBLE THAT A STAY OF THE INJUNCTION COULD BE ISSUED VERY 
SOON, PERHAPS IN A MATTER OF DAYS.  IN THAT EVENT, I WILL ISSUE 
ADDITIONAL GUIDANCE.  THE SECRETARIES OF THE MILITARY DEPARTMENTS SHALL 
ENSURE IMMEDIATE COMPLIANCE WITH THIS MEMORANDUM.  IT REMAINS THE POLICY 
OF THE DEPARTMENT OF DEFENSE NOT TO ASK SERVICEMEMBERS OR APPLICANTS 
ABOUT THEIR SEXUAL ORIENTATION, TO TREAT ALL MEMBERS WITH DIGNITY AND 
RESPECT, AND TO ENSURE MAINTENANCE OF GOOD ORDER AND DISCIPLINE.  
FURTHER, IN LIGHT OF THE APPEAL AND THE APPLICATION FOR THE STAY, A 
CERTAIN AMOUNT OF UNCERTAINTY NOW EXISTS ABOUT THE FUTURE OF THE DON'T 
ASK, DON'T TELL LAW AND POLICY.  WE NOTE FOR SERVICEMEMBERS THAT 
ALTERING THEIR PERSONAL CONDUCT IN THIS LEGALLY UNCERTAIN ENVIRONMENT 
MAY HAVE ADVERSE CONSEQUENCES FOR THEMSELVES OR OTHERS SHOULD THE 
COURT'S DECISION BE REVERSED."  

4.  IN MARCH 2010, THE SECRETARY OF DEFENSE ESTABLISHED A COMPREHENSIVE 
REVIEW WORKING GROUP (CRWG) TO ASSESS THE IMPLICATIONS OF A POTENTIAL 
LEGISLATIVE REPEAL OF 10 USC 654.  OVER THE PAST FEW MONTHS, THE CRWG 
HAS REACHED OUT TO OUR FORCE AND OUR FAMILIES TO UNDERSTAND THEIR VIEWS, 
AND MANY SAILORS CONTRIBUTED TO THIS EFFORT.  I AM GRATEFUL FOR YOUR 
THOUGHTFULNESS AND PROFESSIONALISM.  THE CRWG CONTINUES ITS EXAMINATION 
OF POTENTIAL CHANGES TO POLICIES AND REGULATIONS AND ITS ASSESSMENT OF 
POTENTIAL IMPACTS OF A CHANGE IN THE LAW ON MILITARY EFFECTIVENESS, AND 
IS SCHEDULED TO REPORT ITS RESULTS TO THE SECRETARY OF DEFENSE ON 1 
DECEMBER 2010.            

5.  THE COURT'S INJUNCTION IS VERY BROAD.  IT IS NOT LIMITED SOLELY TO 
SUSPENDING SEPARATIONS, BUT CAN IMPACT A NUMBER OF DOD ACTIONS RELATED 
TO DON'T ASK DON'T TELL.  WE MUST ADJUST ON SHORT NOTICE IN ORDER TO 
FULLY COMPLY WITH THE COURT'S ORDER.  WHAT DOES NOT CHANGE IS THE 
IMPORTANCE OF ALL HANDS CONTINUING TO TREAT EVERY SHIPMATE WITH DIGNITY 
AND RESPECT, AND FOR ALL TO REMAIN COMMITTED TO THE GOOD ORDER AND 
DISCIPLINE THAT ARE THE HALLMARKS OF OUR NAVY. 

6.  QUESTIONS REGARDING HOW TO COMPLY IN SPECIFIC CIRCUMSTANCES SHOULD 
BE ADDRESSED VIA THE CHAIN OF COMMAND TO THE APPROPRIATE COMMAND ECHELON 
HAVING A JUDGE ADVOCATE OR COUNSEL ASSIGNED.  SAILORS WITH SPECIFIC 
QUESTIONS REGARDING THEIR OWN SITUATION OR THE EFFECTS OF THE INJUNCTION 
ON NAVY POLICY SHOULD BE IMMEDIATELY REFERRED TO THE NEAREST NAVAL LEGAL 
SERVICE OFFICE FOR ASSISTANCE.    

7.  RELEASED BY ADMIRAL G. ROUGHEAD, CHIEF OF NAVAL OPERATIONS.//

BT
#0000
NNNN